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Tag: Sudhir Dhawale

Jail Authorities Are Blocking Letters From Elgar Parishad Arrested to Their Loved Ones

Jail Authorities Are Blocking Letters From Elgar Parishad Arrested to Their Loved Ones

The Wire / by Sukanya Shantha

After Father Stan Swamy’s death in July, Sudhir Dhawale penned an emotional letter. But Taloja jail authorities decided nobody should read it.
When 84-year-old Jharkhand-based tribal rights activist and Jesuit priest Father Stan Swamy passed away on July 5, one of his co-accused in the Elgar Parishad case, Sudhir Dhawale, penned an emotional poem. Dhawale, a writer and anti-caste activist from Mumbai who is currently jailed at the Taloja central prison, wrote an eight-page poem describing his first meeting with Swamy, their interactions in jail and Swamy’s contribution to the tribal rights movement in Jharkhand. He titled the poem Pathalgadicha Father or the ‘Father of Pathalgadi’.
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Bombay HC adjourns plea challenging probe being transferred to NIA to September 27

Bombay HC adjourns plea challenging probe being transferred to NIA to September 27

Not replying to plea against probe transfer in Bhima Koregaon case: Maharashtra

15/09/2021

The Hindu / by Special Correspondent

Petition challenged transfer of investigation to NIA after chargesheet was submitted.
In an unusual move, the Maharashtra government told the Bombay High Court on Tuesday that it does not want to reply to a plea filed by two accused in the Bhima Koregaon caste violence case challenging the transfer of the probe from Pune Police to the National Investigation Agency (NIA).
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Bombay HC adjourns plea challenging probe being transferred to NIA to September 27

14/09/2021

The Times of India / by Swati Deshpande

The state government on Tuesday informed the Bombay high court that it does not wish to file any affidavit in reply to a petition by two Elgar Parishad accused who have challenged the transfer of probe from state police to the National Investigation Agency (NIA).
The HC bench of Justices S S Shinde and N J Jamadar recorded the statement by the public prosecutor made on instructions from the state and posted the petition for the final hearing on September 27.
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Petition filed in Bombay High Court challenging transfer of case investigation to NIA

19/06/2020

The Leaflet / by Ujjaini Chatterji

A Writ Petition has been filed before the High Court of Maharashtra at Bombay, challenging the transfer of the investigation for Bhima Koregaon and Elgar Parishad cases, to the National Investigation Agency (NIA). The Petitioners in the writ are Advocate Surendra Gadling, prominent lawyer who is famous for his court craft and immense knowledge of criminal law, and Sudhir Dhawale, a freelance journalist and anti-caste activist.
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The Legal Battle of Bhima Koregaon: The story so far

The Legal Battle of Bhima Koregaon: The story so far

Bar & Bench / by Neha Joshi

The Special NIA Court has listed the pending applications on September 6, 2021
On July 5, 2021, 83-year-old activist and priest Father Stan Swamy passed away in a Mumbai private hospital while in judicial custody for his alleged involvement in the riots that took place in Bhima Koregaon post the Elgar Parishad event held on January 2018.
His death highlighted the state of undertrials in the Bhima Koregaon case, most of whom have been awaiting trial for the past three years.
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Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

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Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon

02/09/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Wednesday reserved for orders a petition filed by eight accused in the Bhima Koregaon – Elgar Parishad caste violence case challenging cognisance of the charge sheet by a sessions judge in Pune and seeking default bail.
The accused have filed the appeal against the Sessions court’s order rejecting the default bail application under Section 167(2) of the Code of of Criminal Procedure read with Section 43-D (2) of Unlawful Activities (Prevention) Act.
… The HC is likely to pronounce its judgement along a similar plea made co-accused Sudha Bharadwaj, on which order was reserved on August 4.
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HC reserves order on plea by eight accused

01/09/2021

Hindustan Times / by KAY Dodhiya

The Bombay high court reserved its orders in the petition filed by the eight Elgar Parishad accused who challenged the cognizance taken by the sessions judge of the charge sheet filed by Pune Police in November 2018.
The counsel for the accused argued that as the sessions judge had passed orders and not the special NIA court or a magistrate court as stipulated by the provisions of the Unlawful Activities (Prevention) Act (UAPA) under which the accused were booked, the orders passed by the sessions judge were not valid and they were eligible for default bail.
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Bombay HC reserves verdict in plea by 8 accused challenging cognizance taken by Pune Sessions Judge

01/09/2021

Bar & Bench / by Neha Joshi

The eight accused who have moved the Court are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, P Varavara Rao, Vernon Gonsalves and Arun Ferreira.
The Bombay High Court on Wednesday reserved its verdict in the plea filed by eight of sixteen accused in the 2018 Bhima Koregaon case challenging the decision of the Pune Sessions Judge to take cognizance of chargesheet against them.
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Also read:
8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail (Bar & Bench, Aug 23)
Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail (Live Law, Aug 4)

10 prisoners accuse ex-jail superintendent of ‘political censorship’

10 prisoners accuse ex-jail superintendent of ‘political censorship’

Prisoners accuse ex-jail superintendent of ‘political censorship’

27/08/2021

Sabrang / by Sabrangindia

The former Taloja Jail Superintendent Kaustubh Kurlekar has been allegedly saving copies of the letter exchanged between the accused and their family and lawyers
Ten activists, who have been falsely implicated in the Bhima Koregaon violence case, have written to the Home Minister of Maharashtra, alleging that Taloja Central Jail’s former Superintendent Kaustubh Kurlekar has been taking scans and saving copies of the letters exchanged between them and their family and advocates.
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10 Elgaar Parishad accused allege ‘political censorship’ by jail authorities

27/08/2021

The Hindu / by Sonam Saigal

Kaustubh Kurlekar of Taloja jail scans and saves letters, they have said in a letter to State Home Minister
Ten accused in the Elgar Parishad case have written a letter to Home Minister of Maharashtra on Thursday alleging that Taloja Central Jail’s Superintendent Kaustubh Kurlekar scans and saves copies of letters written by them to their family and advocates.
The letter written on Thursday has been signed by Anand Teltumbde, Gautam Navlakha, Arun Ferreira, Vernon Gonsalves, Mahesh Raut, Sudhir Dhawale, Surendra Gadling, Rona Wilson, Sagar Gorkhe and Ramesh Gaichor.
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8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

Sessions court had no power to take cognisance of pleas: Accused in Elgar Parishad case seek default bail

24/08/2021

The Indian Express / by Express News Service

The lawyer for the accused submitted that as the orders of remand, authorising custody were ‘illegally’ passed by the sessions judge and the same could not be sustained, they may be released on default bail.
Eight accused in the Elgar Parishad case, while challenging the September 2019 order of the Pune Sessions court rejecting their default bail pleas, told the Bombay High Court that persons booked for scheduled offences under the Unlawful Activities (Prevention) Act (UAPA) had to be produced before special National Investigation Agency (NIA) court and the sessions judge had no power to take cognisance of their pleas.
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8 accused move Bombay HC; claim chargesheet filed in haste only to defeat their right of bail

23/08/2021

Bar & Bench / by Neha Joshi

The eight accused who have moved the Court are Sudhir Dhawale, Rona Wilson, Surendra Gadling, Shoma Sen, Mahesh Raut, P Varavara Rao, Vernon Gonsalves and Arun Ferreira.
Eight accused in the 2018 Bhima Koregaon case have moved the Bombay High Court challenging the decision of the Pune Sessions Judge to take cognizance of chargesheet against them and to quash the criminal proceedings (Sudhir Dhawale & Ors. v. State of Maharashtra & Ors.).
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Also read: Is Cognizance By Pune Sessions Court In Bhima Koregaon Case Void? Bombay High Court Reserves Judgment In Sudha Bharadwaj’s Plea For Default Bail (Live Law, Aug 4)

Mary Lawlor: Inhumane prison conditions for Bhima Koregaon Human Rights Defenders

Mary Lawlor: Inhumane prison conditions for Bhima Koregaon Human Rights Defenders

By Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders

On 11 June 2021, I wrote a letter jointly with two other UN experts on the alleged inhumane prison conditions and deteriorating condition of 15 human rights defenders, as well as Varavara Rao who was granted medical bail.
Of pressing concern was the inhumane prison conditions and deteriorating health of the human rights defenders. The death of Fr. Stan Swamy shortly after this communication was written demonstrate the severity of the conditions in which the human rights defenders are being held. It is haunting to now read how Fr. Swamy’s requests to be transferred to hospital to receive treatment were initially denied repeatedly.
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Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused

06/08/2021

Live Law / by Sharmeen Hakim

The Bombay High Court on Friday observed that the accused in the Bhima Koregaon – Elgar Parishad Case resisting their transfer out of Taloja Prison, despite repeatedly complaining about the prison authorities there, is confusing and paradoxical.
The bench refused to stay the transfer orders without hearing the State and adjourned the matter to Wednesday after the State sought time.
The court was seized with one plea filed by the kin of accused Dalit scholar Anand Teltumbde, civil rights lawyer Surendra Gadling and activist Sudhir Dhawale’s friend. Tribal rights activist Mahesh Raut has filed the second plea.
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Victimized For Demanding Their Rights as Prisoners: Kin of Bhima Koregaon Move Bombay High Court Against Prison Transfer Orders

03/08/2021

Live Law / by Sharmeen Hakim

The petition accuses Taloja’s previous Superintendent of initiating the transfers to cover up violations of the rights guaranteed under The Prisons Act, 1894
Kin of three accused in the Bhima Koregaon – Elgar Parishad Case have approached the Bombay High Court challenging three orders to transfer ten accused out of Taloja Central Prison to any other prison in Maharashtra.
The petition states that Special NIA Judge DE Kothalikar’s orders, repeatedly permitting their transfers without issuing a notice, giving a hearing to them or recording reasons, violates principles of natural justice.
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Kin of Surendra Galding, Anand Teltumbde, Sudhir Dhawale move Bombay HC challenging transfer from Taloja jail

03/08/2021

Bar & Benach / by Neha Joshi

Immediate family members of Dr. Anand Teltumbde, Surendra Gadling and Sudhir Dhawale, accused in the Bhima Koregaon case of 2018, have approached the Bombay High Court challenging the decision to transfer them out of Taloja Central Prison to any other “unspecified prison” in the State.
The petitioners said the Superintendent was attempting to transfer the accused, by dividing them and sending them to separate jails and it was “an act of victimization for having demanded their rights as prisoners.
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NIA opposes default bail pleas of eight accused

NIA opposes default bail pleas of eight accused

NIA opposes default bail pleas of eight accused

25/07/2021

The Indian Express / by Express News Service

A division bench of Justice S S Shinde and Justice N J Jamadar was hearing the plea filed by Sudhir Dhawale, Mahesh Raut, Vernon Gonsalves, Arun Ferreira, Rona Wilson, Shoma Sen, Surendra Gadling and Varavara Rao.
The National Investigation Agency (NIA) on Friday opposed the plea filed by eight accused in the Elgaar Parishad case challenging the June 2019 order of the Pune sessions court rejecting their default bail pleas.
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May Be An Irregularity, Not An Illegality: Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Case

23/07/2021

Live Law / by Sharmeen Hakim

The Maharashtra Government and the National Investigation Agency on Friday continued their arguments opposing Bhima Koregaon-Elgar Parishad accused Sudha Bharadwaj’s default bail application.
The State submitted that in her entire petition Bharadwaj hasn’t averred at a single place that she was “denied justice” because a sessions court, and not a special court under the NIA Act, took cognisance of the chargesheet against her and and other accused on February 21, 2019.
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If Court is not empowered to take cognizance, does not mean proceedings can be set aside: NIA to Bombay High Court

23/07/2021

Bar & Bench / by Neha Joshi

An affidavit stating the same was filed before the High Court in the petition filed by eight accused in the Bhima Koregaon case challenging the order refusing bail.
Merely because a court is not empowered by law to take cognizance and yet does so in good faith does not mean that the proceedings should be set aside on that ground alone, the National Investigation Agency (NIA) submitted before the Bombay High Court in the Bhima Koregaon case.
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The 16 activists arrested in relation to the Bhima Koregaon case are victims of witch-hunt

The 16 activists arrested in relation to the Bhima Koregaon case are victims of witch-hunt

Frontline / by Anupama Katakam

The arrests and incarceration of 16 activists, known as the BK-16, on specious charges relating to the Bhima Koregaon violence case is part of the Central government’s systematic and methodical targeting of people who dissent and fight against oppression and for the causes of sections of society that a majoritarian government has no space for …
A look at the profile of each victim clearly indicates why the current regime feels threatened by their work.
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